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Title XXVI TRADE AND COMMERCE

Chapter 408

Effective - 01 Jan 1999, see footnote bottom

  408.145.  Fees for credit cards issued in contiguous states. — 1.  To encourage competitive equality, lenders issuing credit cards in this state pursuant to the authority of section 408.100 or 408.200, may in addition to lawful interest, contract for, charge and collect fees for such credit cards which any lender in any contiguous state is permitted to charge for credit cards issued in such contiguous state by such state's statutes.  State-chartered lenders charging such fees in reliance on this subsection shall file a copy of the pertinent statutes of one contiguous state authorizing credit card fees with the director of finance or such lender's principal state regulator.  The director of finance or other principal state regulator shall, within thirty days after receipt of the filing, approve or disapprove of such fees on the sole basis of whether the statutes of such contiguous state permit such fees, and without regard to the restrictions placed upon credit cards by subsection 2 of this section.  When the lender is chartered by the federal government, or any agency thereunder, or is unregulated, such lender shall file with and be approved by the Missouri attorney general under the same provision as provided a state-chartered lender.

  2.  "Credit card" as used in this section shall mean a credit device defined as such in the federal Consumer Credit Protection Act and regulations thereunder, except:

  (1)  The term shall be limited to credit devices which permit the holder to purchase goods and service upon presentation to third parties whether or not the credit card also permits the holder to obtain loans of any other type; and

  (2)  Such credit device shall only provide credit which is not secured by real or personal property.

  3.  "Lender" as used in this section shall mean any category of depository or nondepository creditor.  Notwithstanding the provisions of section 408.140, the lender shall declare on each credit card contract whether the credit card fees are governed by section 408.140, or by this section.

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(L. 1998 S.B. 792 merged with S.B. 852 & 913)

Effective 1-01-99


---- end of effective   01 Jan 1999 ----

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@13:14:22.0 31 :)